Does
the Proposed Regulation Change on Labor Certification Substitution Will
Affect My Case?

Dr. William:

My
employer filed an I-140 petition for a
previous employee with an approved Labor Certification a year ago. During the
I-140 pending period, my employer withdrew the I-140 petition for an unexpected
reason.

As a substituted beneficiary of the
approved Labor Certification, I used the Labor Certification for my I-140
application, and currently no decision has been made by USCIS on my I-140
petition. Does the proposed regulation change on Labor Certification
substitution will affect my case?

Answer:

The proposed regulation change on Labor
Certification substitution will not affect substitutions approved prior to the final rule's effective
date. If the USCIS has issued a revocation
letter for the previous employee's I-140 petition based on an approved Labor
Certification, and your I-140 petition based on a substituted Labor
Certification is still pending, your case can be considered as a case of
approved substitution prior to the final rule's effective date.

In this situation, the Labor Certification
substitution which has been approved prior to the final rule's effective date may not be
affected by the proposed regulation change
on Labor Certification substitution.